Stanley v Bernes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1828 |
| Date | 01 January 1828 |
| Court | Prerogative Court |
English Reports Citation: 162 E.R. 564
PREROGATIVE COURT
See further, 1830, 3 Hagg. Ecc. 373.
[221] stanley v. bernes. Prerogative Court, Hilary Term, 2nd Session, 182S.- In an administration, pendente lite, limited to recover certain sums, and granted jointly to the nominees of the two parties in the suit, the Court will not dispense with such administrators entering into a joint bond [See further, 1830, 3 Hagg. Ecc. 373.] On motion. This was an application to the Court by both parties to grant an administration, pendente lite, jointly to James Campbell, agent of Mr. Berries, and William Collnib, agent of Mr. Stanley, and limited to recover the sum of 14,8001. due to the estate or John Stanley, the deceased; of which 69001. were due from Mr Campbell, and 79001 from Baring Brothers and Company; and also to receive the dividends on certain stock standing in the deceased's name; and the Court was further asked to permit the administrators, instead of entering into a joint administration bond for the property, so limited, to enter into separate bonds, each to the amount only of a moiety of tht limited property. Lushington and Addams, counsel for Mr. Stanley. Jenner and Phillimore for Mr. Berries. Per Cunam. The state of the property renders such an administration necessary Many of the facts are pleaded to have occurred, and must be enquired into, in a foreign country; and, consequently, much time may elapse before the case is heard The administration...
To continue reading
Request your trial
-
Lee Peter Michael v Tacplus Property Services Pte Ltd
...ER 292 (folld) Smith v Everett (1859) 29 LJ Ch 236 (refd) Sneesby v Thorne (1855) 7 De G M & G 399; 44 ER 156 (refd) Stanley v Bernes (1830) 1 Hagg Ecc 221; 162 ER 564 (folld) Conveyancing and Law of Property Act (Cap 61, 1994 Rev Ed)s 35 (2) (consd) Probate and Administration Act (Cap 251,......
-
Tacplas Property Services Pte Ltd v Lee Peter Michael (administrator of the estate of Lee Chong Miow, deceased)
...of Warwick v Greville [1809] 1 Philim 123, Bell v Timiswood [1812] 2 Phill Ecc 22; 161 ER 1066 and Stanley v Bernes [1828] 1 Hagg Ecc 221; 162 ER 564 which held that administrators must act jointly. However, in the recent case Fountain Forestry Ltd v Edwards & Anor [1975] Ch 1, Brightman J,......
-
Tacplas Property Services Pte Ltd v Lee Peter Michael (administrator of the estate of Lee Chong Miow, deceased)
...of Warwick v Greville [1809] 1 Philim 123, Bell v Timiswood [1812] 2 Phill Ecc 22; 161 ER 1066 and Stanley v Bernes [1828] 1 Hagg Ecc 221; 162 ER 564 which held that administrators must act jointly. However, in the recent case Fountain Forestry Ltd v Edwards & Anor [1975] Ch 1, Brightman J,......